Court case

Global legal perils beset a downsized Twitter

Twitter faces a mass of forces abroad and in Washington that aim to compel the company to obey privacy rules, speech limits and other regulations as Elon Musk remakes the service. Musk's word is law inside Twitter now, but his disdain for rules will encounter tough pushback from governments around the world — just as the company has lost most of the people who managed its relationships with regulators and legislators. Twitter's biggest challenges lie abroad, particularly in Europe, which has been steadily tightening tech regulations for years.

Was This $100 Billion Deal the Worst Merger Ever?

When AT&T’s bold megadeal to buy Time Warner was announced in October 2016, combining AT&T’s broadband and wireless networks with Time Warner content, many analysts and investors cheered. They loved the promise of cutting out the cable middleman and delivering entertainment directly to people’s TVs, laptops, and phones. With Hillary Clinton seemingly poised to be the next president, the regulatory landscape looked favorable.

Fifth Circuit to Hear Long-Overdue Constitutional Challenge to Universal Service Fund

Each quarter, the Federal Communications Commission (FCC) determines the Universal Service Fund (USF) surcharge that is placed on customers’ telecommunications bills. The surcharge is calculated by estimating the cost of the agency’s various universal service programs, divided by the industry’s anticipated telecommunications revenue. As those programs have grown, and that revenue has shrunk, the surcharge has risen from 3 percent in 1998 to a whopping 33 percent in 2021.

Google Agrees to $392 Million Privacy Settlement With 40 States

Google agreed to a record $391.5 million privacy settlement with a 40-state coalition of attorneys general for charges that it misled users into thinking they had turned off location tracking in their account settings even as the company continued collecting that information. Under the settlement, Google will also make its location tracking disclosures clearer starting in 2023. The attorneys general said that the agreement was the biggest internet privacy settlement by US states.

How the FCC Shields Cellphone Companies From Safety Concerns

The Federal Communications Commission, which has responsibility for protecting Americans from potential radiation hazards generated by wireless transmitters and cellphones, has repeatedly sided with the telecommunications industry in denying the possibility of virtually any human harm.

Rep. Lauren Boebert Prevails In Battle Over Twitter Block

US District Court Judge Daniel Domenico in Colorado, a Trump appointee, has thrown out a lawsuit accusing Rep. Lauren Boebert (R-CO) of violating the First Amendment by blocking a constituent on Twitter. judge Domenico essentially ruled that Rep Boebert was free to block people at will from her @laurenboebert account because it is “held out and operated as a personal and campaign account.” The judge said in his ruling that the block wasn't done by the government, because the Twitter account wasn't an official government account.

Windstream Chapter 11 Plan Withstands Bondholder Appeal

The Second Circuit Court of Appeals in New York upheld the chapter 11 restructuring of Windstream Holdings Inc., finding bondholder complaints about the debt-cutting plan moot because reversing it would mean unwinding transactions that have already taken place. The court backed Windstream's 2020 restructuring, which put Elliott Management Corp. and other senior creditors in control of the business while wiping out junior bondholders owed roughly $2.4 billion. 

Big Tech Seeks Supreme Court Review of Online 'Must-Carry' Law

Computer companies and edge providers are asking the US Supreme Court to weigh in on the issue of whether state governments can impose what the Computer & Communications Industry Association (CCIA) is branding "must-carry" for online platforms and a "road map" for those wishing to fill the internet with offensive content edge providers would have to carry. Cable operators have long been subject to must-carry rules governing carriage of broadcast stations, carriage those operators have also argued is compelled speech that violates the First Amendment.

Regulating Hidden Fees

Big telecommunication companies (telcos) and almost every large cable company use what the industry calls "hidden fees." These fees are not mentioned when advertising for a service but are put onto customer bills. There is a class action lawsuit in California that shows why broadband providers are not worried about using hidden fees. In times past, when the big companies were regulated, they might have been ordered to make a 100% refund of a fee that regulators decided was questionable.

First-In-The-Nation Digital Ad Tax Struck Down By Maryland Judge

The first-in-the-nation digital advertising tax in Maryland is no more after less than two years in practice. The tax was struck down in the Anne Arundel County Circuit Court after Judge Alison Asti sided with subsidiaries of Comcast and Verizon, finding that the policy violated the First Amendment, the Internet Tax Freedom Act, and the Dormant Commerce Clause. By only taxing advertising when it is served digitally, the tax discriminated against e-commerce and violated the federal Internet Tax Freedom Act, Judge Asti said. He also ruled the tax violated the Dormant Commerce Clause—which pro

AT&T Illinois To Pay $23 Million To Resolve Federal Investigation Into Efforts To Unlawfully Influence Former Illinois Speaker of the House

Illinois Bell Telephone Company, which does business as AT&T Illinois, agreed to pay $23 million to resolve a federal criminal investigation into alleged misconduct involving the company’s efforts to unlawfully influence former Illinois Speaker of the House Michael J. Madigan.

Social Media Company Liability Draws Supreme Court Scrutiny

The US Supreme Court will decide whether social media companies can be sued for hosting and recommending terrorist content, taking up two cases that challenge their liability protections. The cases mark the court’s first test of the broad immunity social media companies have enjoyed under a provision known as Section 230, part of the 1996 Communications Decency Act. But the law has drawn criticism from both Democrats and Republicans amid questions about whether social media companies have become too powerful. In one case, Alphabet Inc.’s Google is trying to defeat a suit involving Nohemi Go

Rep McMorris Rodgers asks FCC Chairwoman Rosenworcel about the impact of West Virginia v. EPA

I write to bring to your attention West Virginia v. EPA, a recent Supreme Court decision that clarified the limitations of certain agency action. Given the Biden administration’s track record, we are compelled to underscore the implications of West Virginia v.

Court Denies LightBox’s Motion for Judgment on FCC's Broadband Fabric Contract

This protest challenges the award of a contract to provide a massive data set for the Government to use in determining which structures in the United States can have broadband internet service installed. Congress has tied more than $40 billion of infrastructure funding to availability maps that the Federal Communications Commission must produce using the data set provided under this contract. LightBox Parent, L.P.

Florida to Supreme Court: Let us regulate social networks as common carriers

The State of Florida asked the US Supreme Court to reinstate its social media regulation law that made it illegal for sites like Facebook and Twitter to ban politicians. Florida's petition said the Supreme Court should answer the questions of whether the First Amendment prohibits states "from requiring that social-media companies host third-party communications, and from regulating the time, place, and manner in which they do so," and whether the First Amendment prohibits states "from requiring social-media companies to notify and provide an explanation to their users when they censor the u

Two Republican judges just let Texas seize control of Twitter and Facebook

Conflicting lower court rulings about removing controversial material from social media platforms point toward a landmark Supreme Court decision on whether the First Amendment protects Big Tech’s editorial discretion or forbids its censorship of unpopular views.

California Sues Amazon Alleging Antitrust Violations, Blocking Price Competition

California Attorney General Rob Bonta announced a lawsuit against Amazon alleging that the company stifled competition and caused increased prices across California through anticompetitive contracting practices in violation of California’s Unfair Competition Law and Cartwright Act. In order to avoid competing on prices with other online e-commerce sites, Amazon requires merchants to enter into agreements that severely penalize them if their products are offered for a lower price off-Amazon. In the lawsuit, Attorney General Bonta alleges that these agreements thwart the ability of other onli

Google Loses Most of Appeal of EU Android Decision

Google lost most of its appeal to overturn the largest antitrust fine it has so far faced globally, a boost to the European Union’s campaign to rein in alleged anticompetitive conduct by big tech companies.

More WiFi Spectrum

There is more Wi-Fi spectrum on the way due to a US Court of Appeals for the District of Columbia decision which rejected a legal challenge from the Intelligent Transportation Society of America and the American Association of State Highway and Transportation Officials. They asked the court to vacate the Federal Communications Commission's 2020 order to repurpose some of the spectrum that had been reserved for smart cars. The FCC had originally given the auto industry a year to vacate the lower 45 MHz of spectrum. This spectrum will be available for home Wi-Fi.

Attorney General Rokita reaches $15 million settlement with Frontier Communications

Indiana  Attorney General Todd Rokita announced a $15 million settlement with Frontier Communications to ensure that Hoosiers receive the services for which they have paid. The settlement especially benefits residents living in rural communities. In May 2021, Attorney General Rokita sued Frontier Communications alleging they violated the Indiana Deceptive Consumer Sales Act. The Federal Trade Commission and several other states also sued the company. Specifically, the lawsuit argued the company misrepresented internet speeds and reliability to consumers.

Attorney General Tong Announces Settlement With Frontier Communications to Expand High-Speed Internet Access, End Hidden Internet Fee, and Protect Consumers From Unacceptable Marketing and Sales Tactics

The Office of the Attorney General for Connecticut announced a settlement with Frontier Communications worth over $60 million to dramatically expand access to high-speed internet for Frontier customers in economically distressed communities, end a hidden monthly $6.99 internet surcharge, and force significant improvements in Frontier’s marketing and customer service.

Facebook parent Meta settles suit in Cambridge Analytica scandal

Facebook corporate parent Meta has reached a tentative settlement in a lawsuit alleging the world’s largest social network service allowed millions of its users’ personal information to be fed to Cambridge Analytica, a firm that supported Donald Trump’s victorious presidential campaign in 2016. Terms of the settlement weren’t disclosed in court documents filed Aug 26. The filing in San Francisco federal court requested a 60-day stay of the action while lawyers finalize the settlement. That timeline suggested further details could be disclosed by late October.

Right to Place Telecommunication Infrastructure

A legal decision in New York State found that the Village of Flower Hill reserved the right to deny ExteNet, an agent of Verizon Wireless, from placing small cell sites within the Village. The decision raises interesting legal and other issues about telecommunications infrastructure. ExteNet was hired by Verizon Wireless to place 66 small cells site in and around the Village, including 18 within the Village, for the stated purpose of strengthening the existing 4GLTE network.

FCC Wins Court Battle to Repurpose Auto Safety Spectrum for Wi-Fi

The Federal Communications Commission won an important battle in a fight to free up more unlicensed wireless spectrum for Wi-Fi devices. A federal appeals court on August 12 sided with the FCC in its decision to reallocate a big chunk of key spectrum for an expansion of unlicensed Wi-Fi use. The spectrum had previously been set aside for auto safety.